General terms and conditions of the company
MISURA Store s.r.o.
with registered office at K Poště 429/2, 252 67 Tuchoměřice
identification number: 264 03 714
registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 256507
for the sale of goods via the on-line shop located at the internet address.
1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company , with registered office, identification number, registered in the Commercial Register maintained by, section, insert (hereinafter referred to as "Seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another physical person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on a website located at the Internet address (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
1.2 The Terms and Conditions do not apply if the person intending to purchase goods from the Seller is a legal person or a person acting in the course of his business or profession when ordering goods.
1.3 Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4 The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer's registration made on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as "user account"). If the web interface of the shop allows it, the Buyer can also order goods without registration directly from the shop web interface.
2.2. When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the
User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
2.4. The Buyer is not entitled to allow third parties to use the user account.
2.5. The Seller may cancel the User Account, in particular if the Buyer does not use his/her user account for a longer period of time or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of the goods placed on the web interface of the shop is of an informative nature and the Seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2. The shop web interface shall contain information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods cannot be returned by the usual postal method by their nature. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the shop web interface. This provision does not limit the Seller's ability to conclude a purchase contract on individually agreed terms.
3.3. The shop web interface also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided on the shop web interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer shall fill in the order form in the shop web interface. The order form contains in particular information about:
3.4.1. the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.5. Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors made when entering data into the Order. The Buyer shall send the order to the Seller by clicking on the "Complete Order" button. The data provided in the Order is considered correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the User Account or in the Order (hereinafter referred to as the "Buyer's e-mail address").
3.6. Depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (e.g. in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer is established by the delivery of the order acceptance (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
3.8. The Buyer agrees to the use of remote means of communication when concluding the purchase contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:
cash on delivery at the place specified by the Buyer in the order;
by wire transfer to the Seller's account no. 2001929603 / 2010 (hereinafter referred to as the "Seller's account");
cashless via the Comgate payment system;
cashless by credit card;
via credit provided by a third party (if offered).
4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3. The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days of the conclusion of the purchase contract.
4.5. In case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
4.6. The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to require payment of the full purchase price before the goods are
dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8. If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller shall pay value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract of sale for the supply of goods that have been modified according to the Buyer's wishes
or for the Buyer's person, a contract of sale for the supply of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the consumer has damaged the original packaging.
5.2. Unless the case referred to in Article 5.1 or any other case in which the purchase contract cannot be withdrawn from, the purchaser shall have the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the purchase contract, the Buyer can use the sample form provided by the Seller, which is part of this website - available HERE. Alternatively, the Buyer may send the withdrawal from the Purchase Contract to the Seller's registered office address or to the Seller's e-mail address using the form available for download below.
5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5.4. In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the funds provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to him or proves that he has sent the goods to the Seller
5.5. The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
5.6. The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, cashless to the account chosen by the Buyer.
5.7. If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
6. TRANSPORT AND DELIVERY OF THE GOODS
6.1. In the event that a method of transport is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with such method of transport.
6.2. If the Seller is obliged under the contract of sale to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.
6.3. In the event that due to the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the Order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.4. Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the
packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
6.5. Other rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the parties with regard to rights of defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925,
Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose for which the Seller states they are to be used or for which goods of that kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
7.2.4. the goods are in the appropriate quantity, measure or weight
7.2.5. the goods comply with the requirements of the legislation.
7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by
normal use of the goods, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the Buyer, or if this results from the nature of the goods.
7.4. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. The Buyer is entitled to assert a right to claim for a defect that occurs in consumer goods within twenty-four months of receipt.
7.5. The Buyer shall assert the rights arising from defective performance at the Seller's business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer acquires ownership of the Goods by paying the full purchase price of the Goods.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. Out-of-court handling of consumer complaints is handled by the Seller via an electronic address. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.
8.4. The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. DATA PROTECTION
9.1. Protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
9.2. The Buyer consents to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as "Personal data").
9.3. The Buyer consents to the processing of Personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also consents to the processing of Personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of Personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
9.4. The Buyer acknowledges that he is obliged to provide his Personal data (during registration, in his user account, when placing an order from the shop web inteface) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his Personal data.
9.5. The Seller may delegate the processing of the Buyer's Personal data to a third party processor. Except for the persons transporting the goods, Personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.
9.6. Personal data will be processed for an indefinite period of time. The Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner
9.7. The Buyer confirms that the Personal data provided is accurate and that he/she has been informed that this is a voluntary provision of Personal data.
9.8. In the event that the Buyer believes that the Seller or the Processor (Article 9.5) is carrying out processing of his/her Personal data which is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the Personal data is inaccurate with regard to the purpose of its processing, the Buyer may:
9.8.1. ask the Seller or Processor for an explanation,
9.8.2. require the Seller or Processor to remedy the situation.
9.9. If the Buyer requests information about the processing of his Personal data, the Seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The Buyer consents to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial
communications by the Seller to the Buyer's electronic address.
10.2. The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase can be made on the website and the Seller's obligations under the Purchase Contract can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.
11.1. The Buyer may be delivered to the Buyer's electronic address.
12. FINAL PROVISIONS
12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without
prejudice to the consumer's rights under generally binding legislation.
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. The form for withdrawal from the Purchase Agreement can be found HERE.
12.5. Contact details of the Seller: MISURA Store s.r.o., K Poště 429/2, 252 67 Tuchoměřice, email: [email protected], telephone: +420 727 800 100.
In Tuchoměřice on 1.11.2020
Association for Electronic Commerce (www.apek.cz)